Baker Ober Health Law

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Firm Profile: Baker Donelson
165 Madison Avenue
Suite 2000
Memphis, TN 38103, United States
Phone: 901.526.2000
Fax: 901.577.2303
Areas of Practice
  • Health
Locations
Other U.S. Locations
  • Alabama
  • D.C.
  • Florida
  • Georgia
  • Louisiana
  • Maryland
  • Mississippi
  • South Carolina
  • Tennessee
  • Texas
  • Virginia
Number of Attorneys
100+ Attorneys

What Hospitals Need to Know About the Natural Disaster Exception to Stark Law

Hospitals operating in regions affected by the recent hurricanes and other natural disasters may be able to obtain temporary regulatory relief. During times of disasters and emergencies, CMS can provide some flexibility related…more
 /  Health

Court of Appeals Reverses D.D.C. Order Requiring HHS to Eliminate Medicare Appeals Backlog by December 31, 2020

Hopes were dashed for sooner relief from the backlog of Administrative Law Judge (ALJ) appeals. With the backlog of Medicare reimbursement appeals steadily growing, a reversal by the U.S. Court of Appeals for the District of…more
 /  Administrative Law, Civil Procedure, Health

Targeted Probe and Educate – CMS Changes Its Approach to Auditing

Medicare providers and suppliers will now be subject to Targeted Probe and Educate (TP&E) audits beginning this fall. These TP&E audits will focus on limited audits of individual providers and provider education. This new…more
 /  Health

Selling or Buying an HUD Financed Nursing Home or Assisted Living: A Baker's Dozen Tips for TPA Transactions

Interest rates are on the rise after being low for so long. Owners have taken advantage of those long-term, low fixed-rate loans insured under HUD Section 232 in record numbers. It is possible to keep those below-market loans in…more
 /  Commercial Law & Contracts, Health, Real Estate - Commercial, Real Estate - Residential

CMS Lifts Ban on Arbitration Agreements and Proposes Rules for Transparency in the Arbitration Process

In a new proposed rule published in June 2017, the Centers for Medicare and Medicaid Services (CMS) proposed to abandon its previous rule prohibiting long term care facilities from entering into pre-dispute arbitration…more
 /  Alternative Dispute Resolution (ADR), Commercial Law & Contracts, Consumer Protection, Health

A Year Into the Elder Justice Task Force: Is Your Community a Target?

On March 30, 2016, the Department of Justice issued a press release announcing its launch of ten Elder Justice Task Forces in the Northern District of California, Northern District of Georgia, District of Kansas, Western…more
 /  Criminal Law, Health, Personal Injury

Faulty Issues With No Fault Attendance Policies

Many of our clients have no fault attendance policies by which the employees are assessed a point or half of a point for each tardy, absence or for leaving their shift early. Once the employee meets the required number of…more
 /  Civil Rights, Health, Labor & Employment Law

Essential Revisions to CMS' SNF Civil Money Penalty Policies

On July 7, 2017, the Centers for Medicare and Medicaid Services (CMS) issued revisions to its Civil Money Penalty (CMP) policies and CMP Analytic Tool to increase national consistency amongst Regional Offices (ROs) when imposing…more
 /  Consumer Protection, Health

HHS Seeks to Ease Burden of Hurricane on Health Care Organizations

As Hurricane Harvey continues to have a devastating impact throughout Southeast Texas, Louisiana and the Southeast, our thoughts are with the hundreds of thousands struggling through this difficult time…more
 /  Health

Specialty Pharmacy's Antitrust Claim against Humana Fails

On August 9, District Judge Susan Wigenton (D. NJ) issued a ruling in Prime Aid Pharmacy v. Humana, Civ. No. 16-2104, granting Humana's motion to dismiss the plaintiff's Second Amended Complaint, finding that the plaintiff had…more
 /  Antitrust & Trade Regulation, Civil Procedure, Health, Insurance, Science, Computers, & Technology

CMS Implements Uniform Provider-Based Checklist

CMS recently instructed its Medicare Administrative Contractors (MACs) to use CMS's electronic provider-based (PB) checklist. In a One-Time Notification, CMS advised that it had been receiving different PB checklists from its…more
 /  Government Contracting, Health

Hospitals Plagued by HHS's 2012 Medicare DSH Calculation Obtain Relief from the D.C. Circuit

Hospitals affected by HHS's 2014 decision to include Medicare Part C enrollees as part of the Medicare fraction of the disproportionate share calculation obtained relief late last month when that position was voided by the U.S…more
 /  Administrative Law, Civil Procedure, Health

CMS Cancels EPM and Cardiac Rehabilitation Incentive Program While Revising CJR in New Proposed Rule

After initially delaying the implementation of Episode Payment Models (EPMs) earlier this year, CMS issued a Proposed Rule on August 17 that proposes to cancel all EPMs and the Cardiac Rehabilitation Incentive Program (CR) while…more
 /  Health

Quality Payment Program EHR Hardship Application Now Open

The Quality Payment Program (QPP) hardship exception application is now open for those providers seeking a score adjustment related to their use of electronic health records (EHR). Providers who meet certain criteria can apply…more
 /  Health

CMS Extends Comment Period for New SNF PPS Methodology Proposal

On May 4, for the first time in nearly 15 years, CMS issued an Advanced Notice of Proposed Rulemaking (ANPRM) proposing a total overhaul of the current reimbursement methodology for skilled nursing facilities (SNFs). The ANPRM…more
 /  Health
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